Jayant Nath, J.

1. This is an application under Order 39 Rule 1 and 2 seeking injunction against encashment of performance bank guarantee for Rs. 49,27,896/- issued by defendant No.2 at the behest of the plaintiff in favour of defendant No.1.This application came up for hearing before the Court on 18.3.2013 when an ex parte order was passed restraining defendant No.1 from invoking the Bank Guarantee in question.

2. It is contended by the plaintiff in the plaint that the plaintiff is a class- I (A) Contractor of PWD roads and buildings of the State Government. An advertisement was stated to be issued on 23.01.2010 by defendant No.1 for proposed housing for urban poor and rehabilitation of slum dwellers at William Nagar (East Garo Hills) Meghalaya under Integrated Housing and Slum Development Programme of the Government of Meghalaya. The plaintiff made a bid. The tender bid dated 30.01.2010 of the plaintiff was approved by defendant No.1 and the work of contract value of Rs.9,85,57,921.15/-was awarded to the plaintiff vide Letter of Award dated 07.06.2010. As per clause 13.1 of the Letter of Award /Letter of Intent, the plaintiff was to submit to NBCC a performance bank gu